What rights does a Mr. Sandless franchisee have regarding the use of trade names?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- B.
The System is identified by certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark "Mr.
Sandless" and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by us in writing) for use in connection with the System (hereinafter referred to as "Marks" or "Proprietary Marks");
- C.
We offer franchises to qualified individuals for the right to use the System and Proprietary Marks within designated territories (the "Business").
Unless otherwise stated to the contrary herein, the term "Business" shall apply to both a Mr.
Sandless Business.
You will not, either during or after the term of this Agreement, do anything, or aid or assist any other person to do anything, which would hinder or prevent us from using or licensing the use of the Proprietary Marks in any jurisdiction. If you are a corporation, partnership or limited liability company, the name of your entity shall not include any portion of any the Proprietary Marks; provided, however, you shall register for fictitious name usage (a "d/b/a") in the jurisdiction in which the Business is located and promptly provide us a copy of the registration. You shall not use the Proprietary Marks, or any part thereof, as part of any Website domain name without our prior written consent, which we are not required to provide.
- 23.1.3 Immediately discontinue all advertising under the names "Mr.
Sandless" or any similar name, and (iii) de-identify the service vehicle(s) and any office location;
- 23.1.4 Promptly take such action as may be required to cancel all registrations relating to the use of any of the Proprietary Marks, including, but not limited to, any electronic address, domain name, search engine or website that associates you with us, the Business or the Proprietary Marks (if we allowed you to establish same), as well as any trade name or assumed name registrations, and will not directly or indirectly at any time or in any manner identify any premises or any business as a franchise, or yourself as a franchisee, of ours; and you shall not, in any manner or for any purpose, use any of the Proprietary Marks or any colorable imitation thereof You shall notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number and any classified or other telephone directory listings associated with such names and to authorize the transfer of same to us or our new franchisee.
You acknowledge that, as between us and you, we have the sole rights to and interest in all , social media accounts, electronic mail addresses, telephone numbers, and other listings associated with the Proprietary Marks.
- 23.1.5 If directed by us, promptly make such changes and modifications in your business methods, business facility, and otherwise as we direct so as to effectively distinguish your business from any appearance as a Mr.
Sandless Business;
- 23.1.6 Promptly destroy or surrender to us, at your expense, all signs, stationery, letterhead, forms and other printed materials containing any of the Proprietary Marks or any other similar name or mark;
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees are granted a nonexclusive franchise to operate a Mr. Sandless business using the System and Proprietary Marks within a designated territory. This means the franchisee has the right to use the "Mr. Sandless" trade name and associated marks to conduct business, but this right is not exclusive, and Mr. Sandless can grant similar rights to others, except within the franchisee's designated territory.
However, this right to use the trade name is subject to several limitations and conditions. The franchisee's entity name (if a corporation, partnership, or LLC) cannot include any part of the Proprietary Marks, although they must register for fictitious name usage (doing business as or "d/b/a") in their business location's jurisdiction. The franchisee cannot use the Proprietary Marks as part of any website domain name without prior written consent from Mr. Sandless. Upon termination of the Franchise Agreement, the franchisee must immediately discontinue all advertising under the "Mr. Sandless" name, de-identify service vehicles and office locations, and cancel any registrations related to the Proprietary Marks.
Mr. Sandless retains ownership of all social media accounts, email addresses, telephone numbers, and other listings associated with the Proprietary Marks. Franchisees must transfer control of telephone numbers to Mr. Sandless upon termination. Mr. Sandless also has the right to require franchisees to modify their business methods and facilities to distinguish their business from a Mr. Sandless Business. Franchisees must destroy or surrender all materials containing the Proprietary Marks upon termination. These stipulations ensure that Mr. Sandless maintains control over its brand and system, even after a franchise relationship ends.